Learn More
Learn more about the process. Please call and set an appointment with us. The First appointment is free of charge. Remember, the more information you provide, the more detailed our answers will be.
As part of filing for bankruptcy, you will be required to complete two credit counseling sessions. The second session, which is done online, has a complex log-in procedure. This video is a step-by-step demo of how to log in for your second counseling session.
Your 2nd Credit Counseling
Info to bring to your 1st appointment
Documents you will receive from us
The Process
The first step:
The first step is to call our office at 831-783-3440 and set an appointment. Our receptionist will ask you to bring in information such as pay stubs, taxes, and mortgage statements―documents that help show your current financial status. Regardless of when you actually file bankruptcy, you will need to provide this detailed information, so the sooner you gather your documents, the more prepared you will be. Your Petition cannot be filed until you provide all the necessary information.
At our first meeting:
At our first meeting, the receptionist will give you paperwork to fill out. You will be starting the process of providing a complete description of your financial life. At this first meeting, you will be providing basic information. You will meet with the attorney T. Kevin Dougherty and discuss your particular situation. Mr. Dougherty will need details of income, expenses, taxes, credit cards, bills―all aspects of your financial life. After all, by filing bankruptcy you are asking the Court to relieve you of certain financial responsibilities. Of course they want to know the “whole picture”. At this first meeting, Mr. Dougherty will explain your options based on the information you provide. He will describe the process of filing bankruptcy. At his meeting attorney fees will be discussed. Fees depend on the complexity of your case. Fees are set by the Bankruptcy Court.
At our second meeting:
At our second meeting you will meet with our staff who will review your financial history and current situation. If you have decided to hire our law firm, our staff will have obtained your credit report and will be in a position to review it with you. The reason we need all this information is because all data we ask for from you is required by the Bankruptcy Court. All data is put into a “Petition”―your bankruptcy petition. You receive a copy, the Court receives a copy, and your creditors (all the entities to whom you owe money), receive notice that you are filing bankruptcy.
Credit counseling:
By law, you must receive credit counseling before and after you file your petition. You may receive this counseling via internet or at our office. Our staff will schedule an appointment for you. It’s takes about 45 minutes, and if you are married or filing bankruptcy as a couple, you must both receive the counseling.
Signing your Petition:
Your next meeting will be to review your Petition, make corrections, if necessary, and sign the document. The Court requires that the signing of your Petition and the filing date of your Petition must fall within the same month. Because your situation could change, the Court needs to know the most recent status of your financial situation.
Meeting of Creditors (341):
This is where your Petition is approved (usually) by the Court. You will be notified of an upcoming 341 meeting. You will need to attend and Mr. Dougherty will be there to represent you. Mr. Dougherty will explain about this Meeting of Creditors during his first meeting with you. It is a routine but necessary part of the process, nothing to lose sleep over, however, you must attend to avoid complications.
